Filing a Housing Discrimination Complaint in New York

Facing discrimination as a renter in New York can be upsetting and confusing. If you feel you're being treated unfairly because of your race, national origin, disability, or another protected characteristic, you have rights under state and federal fair housing laws. This guide explains the steps New York renters can take to file a housing discrimination complaint, ensuring your concerns are heard and protected by law.

Understanding Fair Housing Protections in New York

The federal Fair Housing Act and the New York State Human Rights Law both make it illegal for landlords to discriminate against tenants based on factors like race, religion, gender, disability, familial status, sexual orientation, or age.^[1][2]

• Discrimination means treating you differently from other renters in a way that harms your housing opportunities.
• Examples include refusing to rent, setting different terms, or harassment because of a protected characteristic.

Where to File a Housing Discrimination Complaint

Tenants in New York have several options for filing a complaint:

• New York State Division of Human Rights (NYSDHR)
• U.S. Department of Housing and Urban Development (HUD)
• Local city or county human rights agencies, where available

Most renters start with NYSDHR, which investigates discrimination under state law. If you prefer, you may also file with HUD or your local agency.

Official Forms to Use

1. NYSDHR Intake Form (Housing Discrimination Complaint Form)

• Name/Number: NYS Division of Human Rights - Complaint Form for Housing Discrimination
• When and How to Use: Use this form if you believe your landlord, rental agent, or another housing provider has discriminated against you. It’s suitable if you were denied rental, faced unfair terms, or were harassed due to a protected class.
  For example, if a landlord refused to rent to you after learning you have children, you would download, complete, and submit this form to the NYSDHR.

2. HUD Housing Discrimination Complaint Form (903 Online Form)

• Name/Number: HUD Form 903 (File a Complaint Online)
• When and How to Use: Complete this online form if you prefer federal assistance or if your complaint involves programs receiving federal funds.
  For instance, if you suspect discrimination by a landlord at a HUD-subsidized building, you would use this option.

How to File a Complaint: Step-by-Step

Here’s what New York renters should do when filing a discrimination complaint:

• Gather all documentation—such as emails, text messages, lease agreements, or advertisements—that show possible discrimination occurred.
• Complete the NYSDHR Complaint Form or the HUD Form 903 online.
• Be specific: include dates, names, exact events, and any witnesses.
• Submit your form by mail, in person, or online, following the instructions on the form.
• After submitting, be prepared for an interview or request for more information.

Filing a complaint is free, and you are protected by law from retaliation for exercising your rights.

What Happens After You File?

After you submit your complaint, NYSDHR or HUD will:

• Send you a confirmation letter
• Investigate your claims by talking to both you and your landlord
• Try to resolve the issue through mediation if possible
• If not resolved, issue a final finding and may schedule a hearing

If the agency finds your rights were violated, they can order remedies, such as allowing you to rent the unit, paying damages, or stopping discriminatory practices.

Relevant Legislation and Authorities in New York

• New York State Real Property Law – covers tenant and landlord rights statewide
• New York State Human Rights Law (Executive Law Article 15)
• New York State Division of Human Rights – tribunal for housing discrimination cases
• U.S. Department of Housing and Urban Development – Office of Fair Housing and Equal Opportunity

1. What constitutes housing discrimination in New York?
   Any action by a landlord or housing provider that treats you differently based on race, color, religion, national origin, sex, disability, familial status, or other protected classes. This can include denial of rental, unfair terms, or harassment.
2. How long do I have to file a discrimination complaint?
   In New York, you generally have one year from the date of the alleged discriminatory act to file a complaint with NYSDHR. Complaints to HUD should also be filed within one year.
3. Can my landlord evict me for filing a discrimination complaint?
   No. Retaliation for exercising your housing rights is illegal under state law and the Fair Housing Act.
4. Do I need a lawyer to file a complaint?
   No attorney is required to file a discrimination complaint with NYSDHR or HUD. However, you may seek legal advice or representation if you choose.
5. What happens if the investigation finds discrimination occurred?
   The agency may order remedies, such as the landlord allowing you to rent, paying compensation, or stopping further discrimination.

Key Takeaways for New York Renters

• You have strong protections under state and federal fair housing laws.
• Complaints can be filed through NYSDHR, HUD, or both, using official forms.
• The complaint process is free, confidential, and protects you from retaliation.

Remember: speaking up about discrimination not only protects your rights but helps ensure fairness for all renters.

Need Help? Resources for Renters

• NYSDHR Contact Page – Inquire about discrimination or status of your complaint
• Your Rights Under the Fair Housing Act (HUD brochure)
• New York Attorney General: Fair Housing Information
• NYSDHR: Fair Housing Information

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1. New York State Human Rights Law (Executive Law Article 15)
2. Federal Fair Housing Act
3. File a Complaint – NYSDHR
4. File a Complaint – HUD
5. New York State Real Property Law

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